GREATER ATLANTIC LEGAL SERVICES, INC. CHANCERY ABSTRACT WELLS FARGO BANK, N.A., vs. Plaintiff, SANDRA H. MYRONUK, her heirs, devisees and personal representatives, and her, their or any of their successors in right, title and interest, MICHAEL C. MYRONUK, MRS. MICHAEL C. MYRONUK, his wife, ALYSHA M. GARYANTES, MR. GARYANTES, husband of Alysha M. Garyantes, STATE OF NEW JERSEY, UNITED STATES OF AMERICA, Defendants. SUPERIOR COURT OF NEW JERSEY SUSSEX COUNTY DOCKET NO. F-005171-14 GREATER ATLANTIC LEGAL SERVICES, INC. hereby certifies to FIDELITY NATIONAL TITLE GROUP that it has reviewed the proceedings currently on file in the Superior Court Clerk s office for the above entitled action and reports the same regular as to form, except as hereinafter noted. GREATER ATLANTIC LEGAL SERVICES, INC. YOUR REFERENCE #7244001 TITLE OFFICER
Complaint to Foreclose Filed February 12, 2014 Phelan Hallinan & Diamond, PC Attorneys for Plaintiff Notice of Partial Dismissal as to Mr. Myronuk, husband of Sandra H. Myronuk RECEIVED May 5, 2014 Proof of Mailing of Tenants Rights Pursuant to R. 4:64-1 RECEIVED May 5, 2014 On February 14, 2014, a copy of the Notice to Residential Tenants of Rights During Foreclosure was sent via regular and certified mail to Tenants and Inquilino at 189 Stanhope Road, Sparta, New Jersey 07871. Amended Complaint to Foreclose Filed May 7, 2014 Phelan Hallinan & Diamond, PC Attorneys for Plaintiff FIRST COUNT Amended Complaint filed to foreclose mortgage made and executed by Sandra H. Myronuk to Wachovia Bank, National Association to secure the sum of $238,512.00. Obligation and mortgage dated August 17, 2006. The mortgage was recorded in Sussex County on September 14, 2006 in Book 7769, Page 240. THIS IS A NON- PURCHASE MONEY MORTGAGE. A COMPLETE COPY OF THE AMENDED COMPLAINT WITH PROPERTY DESCRIPTION ATTACHED IS ANNEXED HERETO. Wells Fargo Bank, N.A. is successor by merger to Wachovia Bank, National Association. 1
Upon information and belief, Sandra H. Myronuk departed this life on December 7, 2011. Sandra H. Myronuk, deceased, and her, their or any of their successors in right, title and interest, Michael C. Myronuk, Mrs. Michael C. Myronuk, his wife, Alysha M. Garyantes, Mr. Garyantes, husband of Alysha M. Garyantes, State of New Jersey and United States of America are made defendant(s) for reasons more particularly set forth in the annexed copy of the Amended Complaint. By virtue of a default in accordance with the terms of the obligation and mortgage, plaintiff has elected to call the whole of the principal sum due. The Notice of Intention was mailed to the debtors in compliance with the Fair Foreclosure Act. WHEREFORE, Plaintiff demands judgment: Fixing the amount due on the mortgage; Barring and foreclosing all of the defendants of all equity or redemption in and to the aforesaid lands; Directing that plaintiff be paid the amount due to plaintiff as provided in the mortgage together with interest and costs; Adjudging that the lands described above be sold according to law to satisfy the amount due to plaintiff; Such other and further relief as may be set forth in the demand for judgment included on the annexed copy of the Amended Complaint. SECOND COUNT Plaintiff is entitled to possession of the mortgaged premises. WHEREFORE, Plaintiff demands judgment against said defendants for possession of the mortgaged premises and for any other relief that may be set forth in the demand for judgment on the copy of the Amended Complaint annexed hereto. By: The Amended Complaint is signed, Phelan Hallinan & Diamond, PC Attorneys for Plaintiff John Michael Kolesink, Esq. 2
NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE CERTIFICATION PURSUANT TO RULE 4:64-1(a) ANNEXED TO THE COMPLAINT FAILS TO SPECIFICALLY STATE THAT PLAINTIFF HAS RECEIVED AND REVIEWED THE TITLE SEARCH. Summons dated May 28, 2014 (See returns and/or acknowledgments of service for United States of America - NJ annexed hereto.) Foreclosure Dismissal Warning Notice (for lack of prosecution) RECEIVED May 8, 2015 Attorney Certification in Opposition to Court s Notice to Dismiss for Lack of Prosecution RECEIVED June 3, 2015 Certification sets forth defendant filed for Bankruptcy on June 30, 2014 and therefore the case is subject to the automatic stay preventing plaintiff form moving forward with this action. Certification of Inquiry/Mailing as to Michael C. Myronuk RECEIVED May 18, 2016 (See copy annexed hereto.) Certification of Mailing as to United States of America - DC RECEIVED May 18, 2016 (See copy annexed hereto.) 3
Notice to State RECEIVED May 18, 2016 th Service is hereby acknowledged this 29 day of May 2014 on behalf of the State of New Jersey by Annette Smallcombe for John J. Hoffman, acting Attorney General. (See copy annexed hereto.) Notice of Motion for Entry of Default FILED May 26, 2016 Notice is directed to Michael C. Myronuk, State of New Jersey and United States of America. Certification in Support of Notice of Motion for Entry of Default FILED May 26, 2016 Proof of Mailing Notice of Motion for Entry of Default FILED May 26, 2016 On May 24, 2016, a copy of the Motion for Entry of Default was sent via regular and certified mail to Michael C. Myronuk, 1130 Greenway Road, Cockeysville, Maryland 21030; State of New Jersey, Office of Attorney General, 25 Market Street, Trenton, New Jersey 08625; United States of America, c/o US Attorney General District of New Jersey, Federal Building, 970 Broad Street, Newark, New Jersey 07102 and c/o Attorney General, 950 Pennsylvania Avenue, Washington, D.C. 20530. Notice of Dismissal as to Mr. Garyantes, husband of Alysha M. Garyantes and Mrs. Michael C. Myronuk, his wife Filed June 3, 2016 4
Certification in Support of Out of State Service of Amended Complaint as to Alysha M. Garyantes RECEIVED June 14, 2016 (See copy annexed hereto.) Order for Entry of Default FILED June 20, 2016 (See copy annexed hereto.) Certification of Inquiry/Mailing and Publication as to Sandra H. Myronuk, deceased RECEIVED June 20, 2016 (See copy annexed hereto.) Affidavit of Publication and Notice to Absent Defendant Sandra H. Myronuk, her heirs, devisees and personal representatives, and her, their or any of their successors in right, title and interest RECEIVED June 20, 2016 (See copy annexed hereto.) Certification Regarding Vacancy RECEIVED June 22, 2016 Certification of plaintiff s counsel sets forth the mortgaged premises are vacant and therefore no tenants reside at the mortgage premises. 5
Certification of Bankruptcy RECEIVED August 2, 2016 Certification sets forth the Bankruptcy filed by defendant Alysha M. Garyantes under the name Alysha Myronuk was dismissed on April 19, 2016 and therefore the automatic stay is lifted. Copies of the bankruptcy orders annexed thereto. (See copy annexed hereto.) Request and Certification of Default as to Sandra H. Myronuk, her heirs, devisees and personal representatives, and her, their or any of their successors in right, title and interest and Alysha M. Garyantes FILED August 9, 2016 Default FILED August 9, 2016 Proof of Mailing RECEIVED October 19, 2016 On September 21, 2016, a copy of the filed default was mailed to each at the addresses where they were served with summons and complaint. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED October 19, 2016 On August 16, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to Sandra H. Myronuk, her heirs, devisees and personal representatives, and her, their or any of their successors in right, title and interest at 189 Stanhope Road, Sparta, New Jersey 07871; Michael C. Myronuk at 189 Stanhope Road, Sparta, New Jersey 07871 and 1130 Greenway Road, Cockeysville, Maryland 21030; and Alysha M. Garyantes at 189 Stanhope Road, Sparta, New Jersey 07871 and 1369 Bryan Avenue, San Jose, California 95118. More than ten days have passed since receipt of the notice by the debtors and not response has been received. 6
Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED December 1, 2016 Certifications of Non-Military Service or Inability to Ascertain Military Status RECEIVED December 1, 2016 Notice of Motion for Entry of Judgment Filed December 1, 2016 Proof of Service of Notice of Motion for Final Judgment RECEIVED December 1, 2016 Certification of Costs/Search Fees RECEIVED December 1, 2016 Proof of Amount Due and Schedule RECEIVED December 1, 2016 7
Final Judgment - DENIED Filed January 12, 2017 CLERK S NOTATION: DENIED. Prior interest listed in proof of amount due schedule must be explained. Certification/Affidavit of Diligent Inquiry and Accuracy of Foreclosure Documents and Factual Assertions RECEIVED June 6, 2017 Certifications of Non-Military Service or Inability to Ascertain Military Status RECEIVED June 27, 2017 Sandra H. Myronuk, deceased, Michael C. Myronuk and Alysha M. Garyantes are not in the military service. Report(s) from the Department of Defense Manpower Data Center annexed thereto. Notice of Motion for Entry of Judgment Filed June 27, 2017 The Notice of Motion for Entry of Judgment is directed to Sandra H. Myronuk, her heirs, devisees and personal representatives, and her, their or any of their successors in right, title and interest, Michael C. Myronuk, Alysha M. Garyantes, State of New Jersey and United States of America. 8
Proof of Service of Notice of Motion for Final Judgment RECEIVED June 27, 2017 On June 12, 2017, a copy of the Notice of Motion for Entry of Judgment, Certification of Amount Due and Certification of Diligent Inquiry pursuant to R 4:64-2 were mailed to Sandra H. Myronuk, her heirs, devisees and personal representatives, and her, their or any of their successors in right, title and interest at 189 Stanhope Road, Sparta, New Jersey 07871; Michael C. Myronuk at1130 Greenway Road, Cockeysville, Maryland 21030; and Alysha M. Garyantes at 1369 Bryan Avenue, San Jose, California 95118; State of New Jersey, Office of Attorney General, 25 Market Street, Trenton, New Jersey 08625; United States of America, c/o US Attorney General District of New Jersey, Federal Building, 970 Broad Street, Newark, New Jersey 07102 and c/o Attorney General, 950 Pennsylvania Avenue, Washington, D.C. 20530. NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE CERTIFICATION OF SERVICE OF THE NOTICE OF MOTION FOR ENTRY OF JUDGMENT DOES NOT SPECIFY THAT THE NOTICE WAS SERVED VIA CERTIFIED MAIL. Proof of Service of Notice to Cure Pursuant to Fair Foreclosure Act RECEIVED June 27, 2017 On August 16, 2016, a Notice to Cure pursuant to the Fair Foreclosure Act was mailed by regular and certified mail to Sandra H. Myronuk, her heirs, devisees and personal representatives, and her, their or any of their successors in right, title and interest at 189 Stanhope Road, Sparta, New Jersey 07871; Michael C. Myronuk at 189 Stanhope Road, Sparta, New Jersey 07871 and 1130 Greenway Road, Cockeysville, Maryland 21030; and Alysha M. Garyantes at 189 Stanhope Road, Sparta, New Jersey 07871 and 1369 Bryan Avenue, San Jose, California 95118. More than ten days have passed since receipt of the notice by the debtors and not response has been received. Certification of Costs/Search Fees RECEIVED June 27, 2017 Total fees requested $745.70. 9
Proof of Amount Due and Schedule RECEIVED June 27, 2017 Certification by a representative of the plaintiff sets forth that there is due the sum of $364,132.07 on its mortgage together with interest to grow due thereon from May 10, 2017. (See copy annexed hereto.) Final Judgment Filed July 21, 2017 (See copy annexed hereto.) Plaintiff s Costs $4,637.02 Writ of Execution issued July 21, 2017 Proof of Mailing RECEIVED July 26, 2017 On July 25, 2017, a copy of the filed Final Judgment was mailed by regular and certified mail to Sandra H. Myronuk, her heirs, devisees and personal representatives, and her, their or any of their successors in right, title and interest at 189 Stanhope Road, Sparta, New Jersey 07871; Michael C. Myronuk at 189 Stanhope Road, Sparta, New Jersey 07871 and 1130 Greenway Road, Cockeysville, Maryland 21030; and Alysha M. Garyantes at 189 Stanhope Road, Sparta, New Jersey 07871 and 1369 Bryan Avenue, San Jose, California 95118. State of New Jersey, Office of Attorney General, 25 Market Street, Trenton, New Jersey 08625; United States of America, c/o US Attorney General District of New Jersey, Federal Building, 970 Broad Street, Newark, New Jersey 07102 and c/o Attorney General, 950 Pennsylvania Avenue, Washington, D.C. 20530 10
Certification of Proof of Mailing RECEIVED September 1, 2017 On August 31, 2017, a Notice of Sheriff's Sale was mailed by regular and certified mail to each Sandra H. Myronuk, her heirs, devisees and personal representatives, and her, their or any of their successors in right, title and interest at 189 Stanhope Road, Sparta, New Jersey 07871; Michael C. Myronuk at 189 Stanhope Road, Sparta, New Jersey 07871 and 1130 Greenway Road, Cockeysville, Maryland 21030; and Alysha M. Garyantes at 189 Stanhope Road, Sparta, New Jersey 07871 and 1369 Bryan Avenue, San Jose, California 95118. State of New Jersey, Office of Attorney General, 25 Market Street, Trenton, New Jersey 08625; United States of America, c/o US Attorney General District of New Jersey, Federal Building, 970 Broad Street, Newark, New Jersey 07102 and c/o Attorney General, 950 Pennsylvania Avenue, Washington, D.C. 20530 Report of Sale RECEIVED November 14, 2017 On September 27, 2017, the Sheriff of Sussex County sold the mortgage premises to Wells Fargo Bank, N.A. for the sum of $100.00. Affidavit of highest and best price annexed thereto. (See copy annexed hereto.) NOTE: WE CALL YOUR ATTENTION TO THE FACT THAT THE REPORT OF SALE FAILS TO SET FORTH THAT THE MORTGAGED PREMISES WERE SOLD AT PUBLIC VENDUE. 11
THIS CHANCERY ABSTRACT IS CERTIFIED TO FIDELITY NATIONAL TITLE GROUP DATED: October 3, 2018 GREATER ATLANTIC LEGAL SERVICES, INC. 1542 KUSER ROAD, SUITE B-9 HAMILTON, NEW JERSEY 08619 Phone 800 345-4631 Fax 609 581-5604 www.greateratlanticlegal.com RJG 12
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SWC F 005171-14 07/21/2017 Pg 1 of 3 Trans ID: CHC2017560151 644279 PHELAN HALLINAN DIAMOND & JONES, PC 400 Fellowship Road Suite 100 Mt. Laurel, NJ 08054 856-813-5500 Attorney for Plaintiff WELLS FARGO BANK, N.A. PLAINTIFF SANDRA H. MYRONUK, HER HEIRS, DEVISEES, AND PERSONAL REPRESENTATIVES, AND HER, THEIR OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST, ET AL. DEFENDANT (S) SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION SUSSEX COUNTY DOCKET NO: F-005171-14 CIVIL ACTION FINAL JUDGMENT This matter having been opened to the Court by Phelan Hallinan Diamond & Jones, PC attorney s for plaintiff, and it appearing that service of the Summons and Complaint has/have been made upon the defendants, in accordance with the Rules of this Court and default having been entered against all non-answering defendants; and plaintiff s obligation, Mortgage and assignment of Mortgage having been presented and marked as exhibits by the Court, and proof having been submitted of the amount due on the plaintiff s Mortgage and sufficient cause appearing: It is on this 21st day of July 2017, ORDERED and ADJUDGED that the plaintiff is entitled to have the sum of $364,132.07 together with interest at the Contract rate of 6.75% on $282,202.35 being the principal sum in default including advances from May 10, 2017 to July 21, 2017 and lawful interest thereafter on the total sum due to plaintiff together with costs of this suit to be taxed including counsel fee of $ 3791.32 raised and paid in the first place out of the
SWC F 005171-14 07/21/2017 Pg 2 of 3 Trans ID: CHC2017560151 mortgaged premises and it is further ordered that the plaintiff, its assignee or purchaser at sale recover against the following defendants: SANDRA H. MYRONUK HER HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES, AND HER, THEIR, OR ANY OF THEIR SUCCESSORS IN RIGHT, TITLE AND INTEREST; MICHAEL C. MYRONUK; and ALYSHA M. GARYANTES and all parties holding under said defendants the possession of the premises so mentioned and described in the said Complaint with the appurtenances; and it is further ORDERED and ADJUDGED that the mortgaged premises be sold to raise and satisfy the several sums of money due, in the first place to the plaintiff, WELLS FARGO BANK, N.A., in the sum of $364,132.07 together with contract and lawful interest thereon to be computed as aforesaid, the plaintiff s costs to be taxed, with interest thereon, and that an execution for the purpose be duly issued out of this Court directed to the Sheriff of SUSSEX County, commanding said Sheriff to make sale according to law of the mortgaged premises, as described in the Complaint, and out of the money arising from said sale, that said Sheriff pay in the first place, to the plaintiff, said plaintiff s debt, with interest thereon as aforesaid and said plaintiff s costs with interest thereon as aforesaid, and in case more money shall be realized by the said sale than shall be sufficient to satisfy such several payments as aforesaid, that such surplus be brought into this Court to abide the further Order of this Court and that the Sheriff aforesaid make a report of the aforesaid sale without delay as required by the rules of this Court, and it is further ORDERED and ADJUDGED that the defendants in this cause, and each of them stand absolutely debarred and foreclosed of and from all equity of redemption of, in and to said mortgaged premises described in the Complaint, when sold as aforesaid by virtue of this judgment except as provided by 28 U.S.C. 2410. It is further ORDERED AND ADJUDGED that the question of priority between plaintiff
SWC F 005171-14 07/21/2017 Pg 3 of 3 Trans ID: CHC2017560151 and the defendant United States of America as to late charges and any interest on advances shall await surplus money proceedings, if any. This judgment shall not affect the right of any person protected by the provisions of the New Jersey Tenant Anti-Eviction Statute (NJSA 2A: 18-61.1 et seq.). /s/ Paul Innes PAUL INNES, P. J. Ch Respectfully Recommended R. 1:34-6 OFFICE OF FORECLOSURE
SWC F 005171-14 11/14/2017 Pg 4 of 4 Trans ID: CHC2017804850